Legal Question in Wills and Trusts in North Carolina

My brother recently passed away. he was divorced. He didn't have enough assets for the courts to appoint an executor of his estate. The company he worked for will not release his insurance information unless someone is appointed. They also will not release his final check that we requested be sent to the Clerk of Court in our county. They will not. What can we do. He has 2 daughters one lives in another state so i have her power of attorney. The other daughter is just concerned about how much money is leftover. Thanks for any help you can give me.


Asked on 1/20/15, 12:31 pm

1 Answer from Attorneys

That is not possible. The level of assets does not determine whether a personal representative is appointed or not. Whether to probate an estate does not depend on how much you have but whether you have probate assets or not. If there is money then its a probate asset.

There is a procedure in North Carolina for very small estates - called an affidavit of collection. See NC Gen. Statutes �� 28A-25-1 - 28A-25-7 if the brother lived in NC at the time of his death.

Having power of attorney for the daughter is meaningless. Did the brother have a will or not? If there is a will is a personal representative named in the will? If so, that person needs to apply for letters or use the small estates process or, if its the daughter, then she needs to renounce. Same for the other daughter. If there is no will then both daughters will have to agree for you to be personal representative.

I would go back to the probate court and get appointed as the personal representative or have one of the man's daughter's do likewise so that funds can be deposited into the estate and distributed to the heirs/beneficiaries once the debts are paid.

Failing that, the company will eventually turn the money over to the state treasurer years from now and the daughters can claim it. I don't know why you cannot get yourself appointed though and collect the funds.

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Answered on 1/20/15, 11:20 pm


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